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Wyoming

In re Smith

This matter came before the court for an evidentiary hearing, by video- conference, on the Motion for Relief from Automatic Stay filed by a creditor and the Objection filed by debtors. The creditor filed its motion under 11 U.S.C.S. § 362(d) so that it could foreclose its security interest on certain collateral.
Ruling: 
Relief from stay to foreclose granted where collateral was properly secured and creditor not adequately protected.
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Consumer case opionion summary, case decided on December 09,2011, LexisNexis #0212-075

Royal v. First Interstate Bank (In re Trierweiler)

Chapter 7 trustee filed an adversary proceeding against defendants, a bank and a corporation that provided electronic registration services for mortgages, seeking a determination that the bank's security interest in a note which two debtors gave the bank before they declared chapter 7 bankruptcy could be avoided under 11 U.S.C.S. § 544(a)(1) and (3). The case was tried to the court.
Ruling: 
Transfer of note and mortgage between lenders was not avoidable.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0112-021

In re Narvais

Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a First Amended Chapter 13 Plan for repaying his debts. The Chapter 13 trustee filed an objection to confirmation of the debtor's plan.
Ruling: 
Confirmation denied due to proposed retention of and deduction for payments on whole life insurance policy.
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Consumer case opionion summary, case decided on October 21,2011, LexisNexis #1111-125

McVay v. Henderson (In re Henderson)

United States Trustee (UST) filed a complaint for revocation of the discharge of defendant debtor under 11 U.S.C.S. § 727(d)(1). The UST alleged that the debtor had failed to disclose $5,000 that she had stashed in her night stand. The court held a trial.
Ruling: 
Nondisclosure of cash due to prescription medicine induced memory problem was not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-062

In re BBB Acquisition LLC

Creditor, a family trust, moved per 11 U.S.C.S. § 1112 to convert the chapter 11 case filed by debtor into a chapter 7 case. Objections to the motion were asserted by debtor, a bank, and two other interested parties. The U.S. Trustee (UST) had previously filed a motion for the same relief on allegations that cause for conversion was shown, and both motions were heard and decided together.
Ruling: 
Conversion to chapter 11 denied absent evidence debtor solely sought to avoid specific performance judgment or of diminution and mismanagement of estate.
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Commercial case opionion summary, case decided on September 16,2011, LexisNexis #1011-128

In re Peterson

Applicant, the involuntary debtors' attorney, filed applications for compensation under 11 U.S.C.S. § 303(i) after involuntary chapter 11 cases against the two involuntary debtors were dismissed. The petitioning creditors objected.
Ruling: 
Involuntary debtor's attorneys could recover fees from initial petitioning creditor after dismissal.
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Consumer case opionion summary, case decided on May 03,2011, LexisNexis #0611-071

In re Carlson

Debtor husband filed a joint petition under Chapter 13 of the Bankruptcy Code with his wife in December 2005, and they proposed a Chapter 13 plan that was confirmed on October 6, 2006. The debtor and his wife separated and the court bifurcated their cases in April 2010, and in August 2010 the debtor proposed a modified Chapter 13 plan. The Chapter 13 trustee filed objections to the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b).
Ruling: 
Plan modification approved due to payments missed as a result of debtors' estrangement, over trustee's objection.
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Consumer case opionion summary, case decided on April 06,2011, LexisNexis #0511-133

In re Strahan

Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a fourth amended plan for repaying their creditors. The standing chapter 13 trustee filed an objection to confirmation of the debtors' plan under 11 U.S.C.S. § 1325(b), claiming, inter alia, that the debtors had not proposed to pay all their projected disposable income into the plan and had not proposed their plan in good faith.
Ruling: 
Confirmation of serial filers' fourth amended plan denied due to lack of good faith.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0611-030

In re Heinze

Bankruptcy debtors asserted that they had insufficient disposable income to repay creditors, but the bankruptcy trustee contended that the debtors claimed unwarranted dependents, and excessive cell phone expenses and tax liability, in calculating their disposable monthly income. The trustee moved to dismiss the debtors' case based on the presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(2).
Ruling: 
Case ordered converted or dismissed for abuse due to understatement of disposable income.
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Consumer case opionion summary, case decided on January 01,2011, LexisNexis #0211-061

In re Steele

Debtors, a husband and wife, filed a petition under chapter 7 in December 2009 and converted their case to one under chapter 13 in March 2010. Debtors filed an amended plan for repaying their creditors under chapter 13, and a trustee who was appointed to administer the debtors' chapter 13 bankruptcy estate filed an objection to the plan.
Ruling: 
Plan could not be confirmed due to unnecessary expenses, separate treatment of student loan debt and mathematical errors.
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Consumer case opionion summary, case decided on November 18,2010, LexisNexis #1210-126

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